§ MR. WILLIAM O'BRIEN (Cork)I beg to ask Mr. Attorney General for Ireland whether his attention has been called to the circumstances attending the absconding of Tristram Curry, late Registar of the Recorder for the East Riding of Cork, after embezzling trust funds to a considerable amount, lodged with him as officer of the Recorder's Court by various solicitors; will he say whether the defalcations were known in November, and that it was only on the 12th December a warrant was issued for Curry's arrest, he having been seen at his office in the court house in the meantime; what steps, if any, did the Recorder take for the safe custody of trust moneys lodged with his Registrar; whether, failing any action on his part for the protection of suitors to his Court, he will be asked to make good the loss caused by the dishonesty of his officer, or what other measures will be taken to indemnify the 100 clients whose trust funds have been misappropriated, without any contributory negligence on their own part; and what will be done to guard against the recurrence of similar misappropriation in the Recorder's Court for the future.
§ MR. CHERRYThe Answer to the first paragraph of the Question is in the affirmative. I am informed by the Recorder of Cork that the first complaint in regard to Mr. Curry was received by him on 28th November last. The Recorder at once called on Mr. Curry for an explanation, which Mr. Curry gave on the 30th November, but which, upon inquiry, was found to be not well founded. On the following day the Recorder sent a report of the matter to the Lord Chancellor. On Saturday, 2nd December, the Clerk of the Crown and Peace forwarded to the authorities in Dublin a report as to Mr. Curry's alleged defalcations, amounting to some £1,500. This report was received on Monday, the 4th December, and the matter was at once referred to the local Crown Solicitor for investigation and report, and the opinion of the Law Officers of the Crown was taken. The Report of the Crown Solicitor was received on the 11th of December, and the warrant for Curry's arrest was issued next day. The investment of trust monies in court in the county courts is regulated by Rules of Court, and if those rules were followed, or their observance enforced, it is difficult to say how the loss could have occurred. Proceedings are pending against the sureties of Mr. Curry with a view to securing the indemnification of the suitors against the losses occasioned by his defalcations. Pending such proceedings and the ascertainment of liability of all persons concerned, it would not be possible, and would not be desirable to make any hypothetical statement in reference to the matters mentioned in the Question. The Lord Chancellor and the Rules Committee of County Court Judges have considered the existing Rules of Court and how far they are sufficient to prevent the occurrence of any frauds as distinguished from the non-observance by suitors or solicitors of the rules themselves, and rules are now in preparation which, it is hoped, will prove effectual to this end. The Lord Chancellor has suggested that there should be a public audit of the accounts 101 in each County Court, and that application should be made to the Treasury to sanction the necessary expenses connected therewith.
§ MR. T. M. HEALY (Louth, N.)Who is responsible for the non-enforcement of the rules?
§ MR. CHERRYI believe the solicitors who had the investment of the monies in their hands.
§ CAPTAIN DONELAN (Cork, E.)Will the right hon. Gentleman direct a public inquiry into the circumstances, as this is a matter of public interest?
§ MR. CHERRYI do not think that can be done until after the proceedings against the sureties.
§ CAPTAIN DONELANIs the right hon. Gentleman aware that many suitors have been reduced to absolute destitution in consequence of this?
§ MR. CHERRYNo effort will be spared on behalf of the Government to recover the money for indemnifying the suitors, if it can be done.